Bryan-College Station Eagle from Bryan, Texas • 2

Bryan Daily Eagle Published every afternoon except Sunday by the Eagle Printing Cotn pany Bryan Texas Joseph Ruffner Jr Editor ri" Pat Newton Secretary RobL Odom City Circulation Arch Gen Manager Entered at the postoffice at Bryan Texas April 28 1911 as second class matter under act of Congress March 8 1879 RATES By Carrier In Advance: One month 65 Six months 350 One year 650 By In Advance: Three months $175 Six months 300 One year 5 50 WEEKLY EAGLE $125 per year six months 75c Published Thurs days ADV RATES ON APPLICATION MEMBER ASSOCIATED PRESS With the Government at Wash ington irst Last and All the Time oreign Advertising Representatives American Press Association Theis Co New York TELEPHONE 36 WORSE THAN PROITEERS With the report fif the aircraft pro duction board investigation commit tee which was published yesterday by Charles Evans Hughes former presi dential nominee of the Republican party and Attorney General Gregory as a special investigation committee it was found that the profits to be made by various manufacturers who dealt in government contracts would run into millions of dollars? The pub lication of the report also recommend ed that four army officers three of whom wereJieutenant colonels should be subjected to criminal proceedings charged with letting government con tracts to corporations in which they were financially interested i The Henry ord plant profits ran into millions of dollars on the manu facture of liberty motors and the Packard corporation also hit the high water mark The profits of the man ufacturing octopuses shouldbe cut down and only a profit of a suffi to pay dividends should be allowed during war times or nearly two years in fact since the appointment of the aircraft pro duction board there has been a stench connected with it and at one time there had been $400000000 spent and the United States owned but 22 airplanes or the past year how ever the output of machines has been satisfactory and the work speed ed up our army officers will likely face a court martial and a pretty how de do When men who are wear ing the uniform of the 'United States and are trusted with the business of a nation fall so damnably low as to think of their own interest atjgfen deavor to caps'the offense becomes treasonable These men if guilty are worse than profiteers They were trusted and be trayed their trust to their country Thank goodness there are enough real Americans in this country to get next to such poltroons and see that they get their just deserts lhere is no one who begrudges a manufacturer a just profit but when a net gain is the profit allowedon one contract for 5000 liber ty motors it is not hard to figure out that the profit is a wee bit more than it should be Why should the United States government be forced to pay excess profits at this time to penur ious manufacturers when this coun try needs every dollar it can raise? Public ownership of all utilities will eventually do away with the profiteer and the army officer who lets con tracts to his own firm Charles Evahs Hughes and General Gregory have done a great and patriotic service to their country' in uncovering erations and in the futureipcn of this caliber will be watched It is rather too bad to have to bring all these facts to light just ata time when peace is in sight but one great mistake the government made at the beginning of the war was the commissioning of captalists to po sitions in the army for the purposes of administering contracts and leases These men know notMng whatev about the military ahd could have served 'their country just as well bad they remained in a civilian capacityw Henry ord may be patriotic but the profits certainly look to be ex cessive and the showing small ON RESPONDIN' Many are the calls nowadays on the pockets of the people for various funds in support of thrgi int conflict in progress across the seas We have just emerged whole from the fourth liberty loan' campaign and are now headed into the united war work cam paign with the thrift stamp issue and the company fund for the local boys on the sideline It is pretty hard on some of us to to all of these thing and in Some instances it genuine denial and sacrifice and the going without of something that we want W'ar can not be made without a great many sacrifices Lives must be bartered and countries devastated These are the real sacrifices of war To those of us who are in our own homes the only denial we can make is to deny ourselves the spending of money needlessly and to take this money and invest it where the return will be felt on the firing line Give to no charities at the present time except those which will have a direct or an indirect bearing on the winning of the war Concentrate every effort on this There can be no more widows with husbands Out of work this winter for is plenty of work for all Even i the afflicted and the blind except those bedridden can find an occuna lion Remember this and refuse aid to all except war charities 'When the solicitors' call 'onZ you reach into your ppeket or your desk' for your checkbook and givesome thing Whether Vit be a dime or a hundred thousand dollars the point is GIVE SOMETHING The best way to keep the roof over your own head is to keep the bpys at the front in ammunition and supplies and to see that their wants are satis fied Mr Citizen ve are last now and the boys over there at the front are the first consideration' Get hep to yourself ATTEND THE CHURCHES Tomorrow all of the city churches will be open after having been closed on account of public safety due to the influenza epidemic It is the duty cf all church members and it should be hoove all others who are not church members to attend the services to morrow j' irv With the terrible scourge which has swept the length and breadth of the United States taking from us many of our leading ditizens and mans' loved ones the p'eople should have brought nearer the realization that there is a mighty factor controlling all earthly movements To those of us who have been left and spared the sorrow of a loss it is our duty to go to church and publicly return thanks for the blessings the Lord has cast ujn us Never in the history of the country has such in epidemic swept the whole nation and removed so many people It was like the hand of death hovering over the land and lightly touching those who were to be called Let the people turn out tomorrow morning and 'fill the churches and unite in a prayer of thanksgiving for those who are left and in a prayer for those who have gone on Parents should send children to Sunday school and not neglect this important factor in the education of a child Their knowledge of the word of God is just as important as their knowledge of mathematics if not more so Make tomorrow a to Church Show your thanks that you have been spared and forget not the benefits which have been cast on you IT you arc a sti anger will find a cordial welcome awaiting you at ant' of the churches you may select to attend What has became of the old fash ioned girl who used to dance the Vir ginia? Gracious me Hortense! Haven't you heard? the kid who now dances the Tiddcl de Wink at The sixteen sweethearts did not at tend the picture show party given by The Eagle to the carrier boys They are too busy knitting the new model sweaters for the Red Cross Nice clean street back of Main the one that the I tracks are on Lovely street NOT The 400 iron crosses recently given by the kaiser at Metz must have Been awarded for Marathon honors better to be rich than good looking but it sure is tough to be neither The sunniest side of a smile is the side which stays longest Save fruit pits and give the Teut fit Hurry up and clean up Other Editors Sent to Coventry (Chicago Tribune) or referring to the Pomerene amendment to the District of Colum bia anti profiteering rent bill as and thereon cer tain remarks seriously reflecting upon the honor and integrity of the sen ate and especially or addressing to the conferees of the senate a letter containing language which deeply shocked that body Representative Ben Johnson of Kentucky author of the has been sent taCoventry bv the upper house The senate conferees have been ex cused from further consideration of the Johnson bill until otherwise order ed by the senate and the conferences will not Ire resumed according to present indications until the house ap points another member in Mr John place tTJJhtf" "sen" ate over Representative vehement resistance to any amend ment of his bill regulating the ques tion of rents in the District of Colum bia boiled over when Mr Johnson ad dressed to the senate a letter in which he said: 'I suggest that your skins should be thicker or your bill better? I not only invite the severest criticism of al) mV official acts but 1 am quite anxious indeed to have the acid test applied to my endeavors in this par ticular matter and you will not only not offend me but you will do me a favor by wading into both me and it without gloves since I and not the landlords am its author is not a time for but one for action Rearing back on your get the oppressed tenants anything I do not intepd to permit your atti tude toward hie because of my criti cism of your bill to in the least deter me in my efforts to pre vent the profiteer from fattening off your Mr letter together with a former communication on the same subject was read in the senate by Sen atar Pomerene in explanation of the following "In this unfortunate Senator Borah said is to bc conie of this It will have a tendency perhaps to kill it entirely will it not "I hope Senator Pomerene replied do not believe that shall fail to get an agreement when we meet with gentlemen And 1 do not believe that senators expect their conferees to meet with a conferee who1 so far forgets all the amenities which should exist between gentlemen as to make the charges and insinuations which are contained in his speech and in the communications were sent to the managers on the part of the The resolution was adopted ine Wool Sweaters or Men arid Boys A Waldrop Company Bryans Big Clothing Store 4 New Suits and Coats 4 Men Sweaters $300 to $1200 to and act of the Judge Decision The recent decision of Judge Morehead in the contest case 1f Atkins vs Pool wherebyJudge Morehead held that the woman vote in the primary was uncon stitutional is printed below It will be 01 great Interest to the legal profession of the state until the supreme court rules in the matter Hear the New The Phonograph with a Soul The predominating notg ii the world today is military! These are stirring days and the music they are pro ducing is stiring Many of the songs we hear today for the first time are destined to become immortal to stand forever as monuments to pus glory and the glory of the Allies The New Edison the Phonograph with a Soul will bring all the music right to your home re create so true to life that you cannot distinguish the re creation from the real There are no other articles of wearing apparel that Will give you as much comfort and service as a good Wool Sweater Every man or boy needs one Our stock of sweaters is the most complete we have ever shown The best standard makes only sweaters that fit and wear in Oxford Grey Navy Blue Cardinal Ma roon White Green and Brown Mixtures All sizes from 28 to 44 Cook Stoves1 Air Tight and Other Heaters Cole Hardware Co Phone No 12 Sam Wilson Co 1 PAYNE Office Jewelry Store Phone 5 state In deciding the case Judge Phillips held the act in question un constitutional because itolativc of that section of the constitution which pro vides that no money shall be appro priated except for a public purpose simply holding that the public as a whole was not concerned in the domi nation by parties for office or whether they made nominations at all But Judge Phillips even in this opinion draws a distinction between regula tion and maintenance making it clear that whjle it is not the concern of the whole public whether parties make nominations for the various offices that being the concern and affair of the membership of the particular par ty it is the concern of the entire pub lic as to the manner of making such nominations and conduct of such nom inating elections or conventions Yet for fear that this distinction was' not drawn sufficiently clear although ful ly concurring with Judge Phillips in the conclusion reached Judge Haw kins was not willing that there remain any room for doubt and himself de livered a supplemental opinion in which he plainly stated that there was a difference between and jthat while the public money could not be used to maintain such elections it could be used to regu late them The reason is obvious nominations or whether they nominate at all is the concern of such political parties but that such elec tions be held fairlv according to law in which each qualified voter of auch party is afforded an opportunity to vote his sentiment and choice and unhampered and that none but qualified electors participate the concern of society as a whole The main reliance of contestee how ever is on the case of Ledgerwood Pitts 125 1039 It appears that this case while holding with the con tention of contestee can not be given much weight for the reason that the constitution of Tennessee differs from that of Texas in defining and fixing the right and qualification of those en titled to suffrage besides did not have a compulsory primary law as is the case or Texas with it's' Terrell election law urthermore this cash has been before and has been considered by the court of civil oppgals at Galveston and also bv nor mi 1 preme court and each time was held'" PARKS CO Edison Dealers The Care of theEye Is the Life of that Organ In other words if you want your eyes to stay by you and preserve your sense of sight as long as you live you must take good care of them' Economy is a very good thing in the right direc Hon but when it comt's to tie eve A poor pair of glasses will not take the place of a good pair you want good glasses can furnish them to have no application and not in point in construing a contested elec tion case under our laws and constitu tion In the case of Anderson Ashe 130 1044 which was a contest of a nomination by primary election fiont Harris county the point was made be forethe court that the court was with out jurisdiction because a primary I election was not such an election as was contemplated by the constitution In ruling against the contention of contestee Judge Pleasants chief jus tice of the court of civil appeals atGalveston who rendered the opinion of the court used the following lan guage:" is insisted by respondents that the term as used in this section of the constitution can not bo construedtR include primary election contests but must be restrict ed to the contest of "elect ions ly which the final choice of the people for a public officer or rneasuie is expressed Iivsupport of this contention a num ber of cases from other jurisdictions are cited in which the word as used in constitutions and statutes under construction in said cases is held not to include a primary election The decisions in most of these cases are controlled by the context of the provisions of the constitution or statute under construction and the applicability of some of these opin ions is greatly weakened if not de stroyed by the fact that it does not appear that the party primary elec tions referred to in the opinions wore statutory elections If any of the cases cited cn be held directly in point we do not feel constrained to follow them We are of opinion that the word as used in the section our constitution above quot ed should be construed to include any election in which the public or a large portion thereof participates and which is held under and regulated by the statutes of this The case of Ashford Goodwin 131 Rep 535 was also a contest of a primary election and the point that the court was without jurisdic tion because a primary election was not a constitutional election was again raised Judge Brown chief jus tice of the supreme court ef Texas de livered the opinion of the court ir that case and in ruling against the con tention of'Tjontfstcr'that'TTyimary election was not an election within the meaning of the constitution used the following language: a lengthy opinion in which the words used in the statute are criti cised as to their meaning in different connections and many authorities cited with refernce thereto the supreme court of Indiana held that the words included primary elec tion such as is now under considera tion The eourt did not give weight to the word but based I the de cision upon the broad meaning of the word as used therein and upon the policy of the statute which was declared to be the same with ref ernce to the protection of the voter from undue influence in primary elec tions as in elections for choosing offi cers after nomination That case is more nearly in point upon the question we have been cited to or have been able to find after a careful examina tion Counsel who represent respon dent ifi this case have cited many au thorities the construction of the word all of which wd have carefully examined but we do not think it necessary to discuss them in this opinion Wc are of opinion how ever that none of them furnish any sound reason for a different construc tion pf tje language of our constitu tion to that which we have placed upon it The case of Lillard Mitch ell 37 702 decided by the court of chancery appeals of Tennessee u' es language which if not examined with rcference to the faets might be held to be in conflict with our holding in this case but in that case it appears that the primary election which was then under investigation before the court was not one which was author ized by the statute of Tennessee but was a contrary arrangement byzthe members of the party as to the nomi nation of certain persons for election to office in that state It is evident that the two cases are sodissimilar as to render the Tennessee case wholly inapplicable to the facts of this True the identical point involved in this contest was not before the court in cither the case of Anderson Ashe or in that of Ashford Good win above cited and quoted from but the point was raised in both cases that a primary election was not an election within the meaning of the constitu tion and the coui in each instance without equivocation held that a pri mary election wa'S such an election as was contemplated by the word the constitution basing its decision upon decisions of courts of other states whose statutes and con stitutions are similar to our own And the mscs cited with approval by our court of civil appeals and supreme court decide the very point at issno in this contest by holding that a pri mary election is an election within the constitutional meaning of the word election Taking into consideration the decisions of our own higher courts and those of other states it occurs to me that there can be no doubt that a primary election in this state is an electiqn within the spirit and meaning of our constitution At least I have no doubt about the matter after listen ing to the able arguments both pro and con of the very able counsel who appeared in this case in addition to a long and careful research of the au thorities on my own account So be lieving there is nothing to do but over rule the demurrer of contestee and hold that the act of the 4th called ses sion of the 35th legislature page 61 (Continud on Page 3) have arrived and will be ready forf the inspection of the LADIES Monday Many handsome models and materials in the leading and wanted ingsSome are conservatively trimmed with military braids and buttons others more elaborately trimmed with fur linings guaranteed for twelve months ear Reasonably priced $1850 $2500 $2750 upward $4500 On the 24th day of August 1918 there was held pursuant to an order of the Democratic executive commit tee throughout Brazos county a sec ond run off primary election to de cide who should be thc nominee of the party for the various offices where candidates therefor had failed to get a majority of all votes cast in the first or original primary election At this second or run off primary At kins the contestant and Pool the contestee" were rival candidates for the nomination to the position of commissioner of No 1 of Bfazos county The returns of this second or run off primary showingthat Pool contestee received a majority of 17 votes over At kins contestant were certified filed with the county clerk of Brazos county on October 1918 by the ex ecutive committee and' to test the validity and legality of said nomination contestant brings this suit and contest Contestant assails the nomination of contestee on many grounds and urges many reasons why his said nomina tion should be declared void and he contestant declared the regularity and legally elected nominee of the Demo cratic party for commissioner of pre cinct No 1 of Brazos county none of which are deemed of any importance except his allegation that in voting boxes No 1 2 3 and 5 constituting said precinct No 1 one hundred and eighty six (186) women wpre permitted to vote all of whom voted for contestee and against contestant and that these one hundred andeightiisix (486) should be thrown out and not counted because the votes of these said women were illegal unconstitutional and void A determination of the po'int thus raised involves the validity or consti tutionality of what is known as the Suffrage enacted by the last called session of the legisla ture and to be found on page 61 of the acts of the fourth called ession of the 35th legislature which reads as follows: 1 rom and after the pas sage of this act any woman who pos sesses other qualifications of an elec tor under the constitution and laws of this state shall have the right to vote any and all primary elections or nominating conventions held under the of this state and the fact of her sex shall in no wise disqualify such provided the payment of a poll tax shall in no case be required of such person as a qualification to vote in such primary elections or to partici pate in such nominating conventions I during the year Contestant attacks the validity of ine aoove ouoten statute the legislature and urces that same is void'and unconstitutional be cause it infringes and contravenes the terms and provisions of section 2 ar ticle 6 of the state constitution! Sec tion 2 article 6 of the constitution reads as follows: male person subject to none of the foregoing disqualifications who shall have attained the age of twen ty one years and who shall be a citizen of the United States and who shall have resided in this state one year next preceding: an election and' the last six months within the district or county in which he offers to vote shall be deemed a qualified elector and every male person of foreign birth subject to none of the foregoing dis qualifications who not less than six months before any election at which he offers to vote shall have declared his intention to become a citizen of the United States in accordance with the federal naturalization laws and shall have resided in this state one year next preceding such election and the last six months in the county in which he offers to vote shall also be deemed a qualified elector and all electors shall vote in the election pre cinct of their residence provided that electors living in any unorganized Lcountymay vqte at any election nre cinct in the county to which such cour ty is attached for judicial purposes and provided further that any voter who is subject to pay a poll tax under the laws of the state of Texas shall linvn irail cnirl qv ni i fT to vote at anv election in thw ana noia a receipt snowing nis poll tax I paid before the first day of ebruary next preceding such election Or if said voter shall have lost or misplaced said tax receipt he shall be entitled to vote upon making affidavit before any officer authorized to administer oaths tTiat such tax receipt has been lost Such affidavit shall be made in writing and left with the judge of the election And this provision of the constitution shall be self enacting without the necessity of further legis It will be readily seen that by the terms of the above quoted section of the constitution that the right of suf frage is restricted and confined it male citizens to the exclusion of fe male citizens True the constitution does not in express terms prohibit the cnfranchispment of women but is ele mentary that where a right or prin ilege is granted to a certain class by the constitution such grant is ex clusive and all others not mentioned are as effectively barred as if thev have been in prohibited or denied such right or privilege T'otT rule is laid down by Judge Cooley on his great work on constitutional Imi tations and has been followed by eveiy court or writer of whatsoever jurisdic tion that has ever written on the sub ject or authorities and decisions in point see: "10 Am Eng Ency of Law 573 State Adams 2 Stew (Ala) 239 Rison Brown 96 Cal 374 31 Pac 250 17 697 31 St Rep 225: Spier Baker 120 Cal 370 52 Pac 659 41 A 196 County Ct People 58 Ill 456 People Eng lish 139 III 622 29 678 15 A 131 Quinn State 35 Ind 485 9 Am Rep 754 Kinnecn Wells 144 Mass 487 11 916 59 Am Rep 105 People Maynard 15 Mich 471 State itzgerald 37 Minn 36 32 788 State indlav 20 Nev 198 19 Pac 241 19 Am St 346 Allison Blake 57 Jr'Law 6 29 Atl 417 25 A 480 Allison Public Road Board 58 Law 140 32 Atl 688 Lanning Carpenter 20 447 Green 418 People McDonald (Sup) 52 Supp 898 Vans Bokkelcnv Canaday 73 198 21 Am Rep 465 Page Allen 58 Pa 338 98 Am Dec 272 McCafferty Guyer 59 Ph 109 Appel 109 Pa 1 1 337 Lyman Martin 2 Utah 136f Bloomer Todd 3 WashJ 599 19 1 Pac 135 1 A Ill Sttite Wil liams 5 Wis 308 68 Am Dec Contestee contends however that a primary election is not a constitution al election that it is not sach an elec tion as is meant by the constitution where the word appears in the constitution In other words that primary election is strictly a creature of the legislature and that the legisla iure had the right to say who should and whd should not vote at such elec tions notwithstanding the section of the constitution prescribing 'the quali fications of voters at an and In support of his po sition contestee cites Ledgerwood Pitts a Tennessee case reported at page 1039 Vol 125 8 Rep and also Hager Robinson (Ky) 157 1138 Dooley Jackson (Mo) 78 Rep 333 Montgomery Chelf (Ky) 82 390 Baer Gore (W Va) 1917 LR A 723 Olive School District (Neb) 27 A 523: Plummer Yont (111) 19 A Ill Scown Cgarnecki (Ill) 54 L'j A 247 Wanles Marrast (Texas) 124 Repihj 180 It w' admitted by contestee that if a primary election' is a constitutional election or if it such an election as is contemplated by the constitution then that the act pf the legislature in conferring suffrage on women is void and that his demurrer filed to the petition of contestant should be overruled Counsel for neither side have cited nor have I been able to find any Texas case directly in point and passing upon the question of whether or not a primary election is such an election is contemplated by and embraced within the terms of the con stitution This being true we natural ly turn to the decisions of other states with similar constitutional provisions for guidance The case of State Allison reported at page 1135 Volume 22 (N A was a chsc where the legislature of New Jersey enacted a primary election law prescribin dif ferent qualifications for voters than that prescribed by the constitution The point there on contest as here was made that a primary was not an election within the meaning of the con stitution and that the legislature was therefore free to fix any qualification forJiotei stheieatit deemed neces sary The supreme court of New Jer sey in passing upon the question held that a primary was a constitutional election and declared the act void be cause attempting to fix qualifications for voters different from that prescrib ed by the constitution In People Strassheim 22 A (N S) 1135 it was held by the supreme court of Illinois that a primary election is stch an election as was contemplated oy' the constitution notwithstanding pri mary election were not mentioned in the constitution and the primary elec tion law was created by the legislature Tothe same effect is the holding of the supreme court of Indiana in the case of State Hirsch 9 A 170 See also Coffin Thompson 21 A 662 Morris Powell 9 A Johnson Grand orks Co 16 363 State Board of Canvassers '74 A' (N S) 850 People Commissioners 221 Ill 9 yvhile the supreme court of Michigan has held that the legislature is with out powgr to extend the constitutional qualifications of voters even when vot I ing to fill an office not mentioned by the constitution and wholly created by the legislature The compulsory primary law of California is almost identical in its provisions with our own Terrell election law and so also is the language of its constitution with ref erence to suffrage eery much like that of the state of Texas The legisla ture of that state just as in this at tempted by statute to change the con stitutional qualifications of voters at elections held under said primary elec In an able and lengthy opinion in the case of Spier Baker A 196 the supreme court of California after reviewing the decis ions of a number of other states held that a primary election was an elec tion within the meaning ofThe con stitution and that the act changing the constitutional qualifications and re quirement as to voters was void and unconstitutional To the same effect are the holdings of the supreme courts of Wisconsin Ohio and Pennsylvania as shown by references in the cases above mentioned but I have been un able to get reports in which the de cisions of those states are published Counsel for contestee cites Waples Marrast 184 Rep 180 in support of his position that a primary election 13 not a constitutional elec tion I have carefully read that case and I do not believe that it has any bearing or throws any light upon the point at issue The point before the court in the Waples case was the con stitutionality of that portion of what is known as the presidential nrimarv 1 act which provides for the payment 1 expense of such primaries by the if.